HomeMy WebLinkAboutStaff Report 9142
City of Palo Alto (ID # 9142)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/22/2019
City of Palo Alto Page 1
Summary Title: Revenue Agreement - SCC - Homeless Services
Title: Approval of a Revenue Agreement With the County of Santa Clara in
the Amount of $250,000 Over two Years for Support of Intensive Case
Management in Connection With Housing Subsidies to be Pr ovided by the
County of Santa Clara for Palo Alto’s Homeless
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that Council approve, and delegate signature authority to the City Manager
to execute the attached contract (Attachment A) with the County of Santa Clara (County),
authorizing the City of Palo Alto (City) to provide funding in the amount of $250,000 over two
years for support of Intensive Case Management in connection with housing subsidies to be
provided by the County of Santa Clara for Palo Alto’s Homeless.
Background
A collaboration between the County and City for the North County Integration Program (NCIP)
was first approved by Council on October 7, 2013 as a means to positively impact homelessness
in Palo Alto, particularly in light of the (then) homeless situation at the Cubberley Community
Center. There have been two previous, two-year contract periods; June 24, 2014 – June 30,
2016 and July 1, 2016 – June 30, 2018.
Funding for the continuation of this collaboration was included as part of the FY2019 budget.
The contract states that the City will provide funding in the amount of $250,000 ($125,000/year
for two years) for the support of one, full-time intensive case manager (CM), in collaboration
with housing subsidy funds provided by the County, to assist up to 20 Palo Alto homeless
individuals with finding housing and continuing to support these individuals once housed.
The participants in this collaboration are being provided with “permanent supportive housing”,
which is an evidence-based housing intervention that combines non-time-limited affordable
housing assistance with wrap-around case management and supportive services. At present,
14 individuals are currently housed as part of this collaborative. These individuals will continue
to be served under the terms of the new contract.
Eligibility requirements under the terms of the contract ending June 30, 2018, limited
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participants to individuals who have contact with the criminal justice system, have a high
chance of recidivism, significantly impact County, State or local resources and are currently
homeless. Program referrals were made by local social service agencies and/or the Palo Alto
Police Department. The reason for the stipulation of criminal justice involvement on behalf of
the client stems from the original funding source the County had been using to pay for the
housing subsidies.
The County is interested in continuing the same contractual relationship with the City, but with
a new set up eligibility requirements; see details under “discussion” below.
The County is scheduled to review this contract on January 29, 2019.
Discussion
As the contract with the County has been approved for two previous two-year terms, staff felt it
important to provide a review of the collaboration to share the successes and challenges of the
program.
NCIP Program Review:
35 individuals have been provided with intensive CM services funded by the City since
the inception of the contract in 2014, during both the housing search process and once
an individual has been housed.
Of these 35 individuals, 24 were placed in housing; this includes 21 individuals housed
as part of NCIP program and 3 by other housing options identified by the CM.
Due to a variety of circumstances, such as death, non-compliance with program rules,
relocation out of the area, 7 individuals are no longer housed through the NCIP
program.
14 individuals are currently housed as part of the NCIP program. Staff does not have
statistics on the individuals placed in housing through other programs as they are no
longer tracked as part of the NCIP program.
Individuals housed as part of the NCIP program are primarily housed in rental units
owned by private landlords, not units owned by the County.
100% of participants have been connected to a medical home.
100% of participants have been connected to a behavioral health home if appropriate
64% of participants have had no subsequent involvement with the criminal justice
system.
9 participants have been assisted to access substance use services and have maintained
long-term sobriety.
7 participants have been approved for long-term disability benefits.
Other services provided by the CM to the client include:
Complete bio-psychosocial assessment of each enrolled client. This
assessment guides the care plan and the services offered to each client
based on their individual need.
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Connection to regular medical care, substance use and mental health
services if appropriate, basic needs, utility assistance, in home supports
such as IHSS, home health, food resources, legal assistance etc. are the
most common.
As clients housing, physical and mental health and/or substance use is
stabilized, CM discusses resources and ideas for higher level needs such
as connection to social supports, meaningful daily activity and volunteer
opportunities.
94% Housing retention rate - Of the individuals housed under this program, 94%
retained their housing for a minimum of 12 continuous months.
18 referrals were provided outreach services and either declined or did not engage in
intensive case management services
Observations and Challenges:
The clients served under this contract presented with significantly higher functional
impairments related to substance use and/or mental health issues than initially
expected. It was anticipated that a much larger population of individuals would be
capable of returning to the workforce. While there are some clients that are working or
have/are participating in employment services, the majority have qualified for long-term
disability benefits such as SSDI/SSI due to physical health or mental health issues.
The current rental market, particularly in North Santa Clara County, presents significant
challenges to locating appropriate housing, even with a rental subsidy. The case
management agency that the County contracts with for this collaboration has
encountered fewer landlords/properties that are willing to accept tenants with a rental
subsidy in North Santa Clara County. Average rents often exceed rental limits
established by both the Housing Authority and Abode Services, the County’s
administrator for the subsidy program. Additional barriers related to criminal
background and credit screening criteria further limit units available in this geographic
area.
New Contract Conditions:
The proposed agreement includes some changes from the previous agreements. While staff
believes it is crucial to continue assisting homeless individuals with a criminal record, due to the
complexity of their needs and the difficulty in finding landlords to house them, City staff has
requested and the County has approved a revision to the eligibility requirements for referrals to
the NCIP program to allow individuals without a criminal record. The County also required a
change in that all referrals to the NCIP program must come from the “Community Queue”, a
ranking of all homeless individuals in the County who have completed an assessment tool called
VI-SPDAT Palo Alto based homeless outreach workers are no longer able to refer a specific
candidate, however to be eligible for NCIP, an individual must indicate Palo Alto as their city of
residence before becoming homeless and/or where they are currently homeless. This change
was required by the County with all its new contracts.
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Resource Impact
This agreement has a total expenditure of $250,000 or $125,000 per year for two years. Fiscal
Year 2019 was included adopted Budget for the Community Services Department. Funding for
the second year of the agreement will be incorporated into the development of the Fiscal Year
2020 Operating Budget.
Attachments:
Attachment A - Revenue Agree Palo Alto_exp Jun 2020 Final ES
REVENUE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITY OF PALO ALTO
This Revenue Agreement (the "Agreement") is entered into by and between the County of
Santa Clara (the "County") and the City of Palo Alto (the "City"), acting by and through the
City's Community Services Department, (individually, a "Party" and, collectively, the
"Parties") in order to provide the County with funding for and to establish roles, rights and
responsibilities related to the North County Community Reintegration Pro gram (the
"Program").
RECITALS
A. WHEREAS, meeting the housing needs of individuals who have had significant
involvement with the criminal justice system is a strategic priority of the County's
Adult Reentry Strategic Plan;
B. WHEREAS, on October 22, 2013, the County Board of Supervisors approved various
actions to allow the County staff to implement the County's Reentry Housing Plan, of
which the Program is one component;
C. WHEREAS, the County set aside approximately $500,000 over a two-year period for
the Program to pay for housing subsidies and subsidy administration to serve
approximately 20 households from the north county region;
D. WHEREAS, the Program is intended to be a partnership between the County and its
cities in order to share costs, prioritize services to individuals who significantly impact
cities and their neighborhoods, and to establish ongoing operational relationships;
E. WHEREAS, the County, at no cost to the City, expanded the Program by adding 20
additional slots to serve chronically homeless individuals in Northern Region of the
County;
F. WHEREAS, the County and the City entered into an agreement to end homelessness for 20
of the City's most vulnerable homeless residents in June 2016 which will expire in June
30, 2018;
G. WHEREAS, on June 30, 2018, the City set aside $250,000 over two years to fund the
intensive case management and other supportive services (the "Services") that the
Program clients will need in order to obtain and maintain permanent housing;
H. WHEREAS, the County and the City seek to assist homeless residents in obtaining and
maintaining rental housing, while minimizing administrative expenses of the Program.
In consideration of the foregoing Recitals, and the mutual promises and covenants contained
in this Agreement, the Parties agree as follows:
AGREEMENT
I. TERM
The term of this Agreement shall be from July 1, 2018, and will continue thereafter until June 30,
2020 unless extended by mutual written consent or terminated as provided below in Section IV.
II. ROLES AND RESPONSIBILITIES
A. The Parties shall each designate a Program Manager to implement the terms of this
Agreement and ensure successful implementation of the Program. The City hereby
designates the Manager of the Office of Human Services for the City. The County
hereby designates the Director of the Office of Supportive Housing or his/her
designee as the Program Manager for the County.
B. Upon receipt of invoice from the County, the City shall reimburse the County for
expenses associated with the Program's Services in an amount not to exceed
$250,000 through June 30, 2020, thus allowing the Program to serve approximately 20
unduplicated Program clients from Palo Alto (the "Clients"). County shall invoice
City on a monthly or quarterly basis.
C. The City's Program Manager shall:
1. Serve as the liaison to the City's departments, Council, and community
groups;
2. Ensure that referrals come from the Community Queue with eligibility criteria as
residents from Palo Alto;
3. Participate in the Program management meetings, which will be held as needed;
4. Actively assist the development, management and refinement of the Program
to ensure that the Program meets its goals; and,
5. Review and process all invoices from the County.
D. The County shall provide or subcontract for the Program's Services.
E. The County's Program Manager shall:
1. Serve as the liaison to County departments;
2. Plan and lead Program management meetings, which will be held as needed;
3. Lead in the development, management and refinement of the Program to
ensure that the Program meets its goals; and,
4. Review and submit all invoices from the County.
F. The Parties will work collaboratively to:
1. Establish the Program's referral criteria and procedures that are
consistent with the Santa Clara County Continuum of Care's (CoC)
Coordinated Entry System (CES);
2. Establish the Program's goals and outcome measures, which would be
consistent with the Santa Clara County CoC's system-wide performance
measures;
3. Identify ways and resources that would enable the Program to more
effectively use County-funded rental subsidies, provide interim housing, or
provide other support services.
G. The Parties will jointly convene coordinating meetings with appropriate
community-based organizations and stakeholders to ensure the Program's
success. Meetings will be held monthly or as needed until the Program reaches
full capacity.
H. The Parties will establish regular meetings at which to discuss the performance
and progress of the Program's contractor(s). When appropriate, the Parties will
jointly develop corrective actions to be implemented by the Program's
contractor(s).
I. The Parties will jointly monitor the Program's expenses and outcomes. Based
on the availability of the City's funds in future years and the Program's
outcomes, the Parties will determine whether to continue, expand, contract
or terminate the Program at the end of the Term.
III. Amendments
This agreement may only be amended by a written instrument signed by the Parties.
IV. Conflicts of Interest
City shall comply, and require its subcontractors to comply, with all applicable (i ) requirements
governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflictof
interest laws and regulations including, without limitation, California Government Code section
1090 et. seq., the California Political Reform Act (California Government Code section 87100 et.
seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so
constitutes a material breach of this Agreement and is grounds for immediate termination of this
Agreement by the County.
In accepting this Agreement, City covenants that it presently has no interest, and will not acquire
any interest, direct or indirect, financial or otherwise, which would conflict in any manner or
degree with the performance of this Agreement, City further covenants that, in the performance
of this Agreement, it will not employ any contractor or person having such an interest. City,
including but not limited to contractor's employees and subcontractors, may be subject to the
disclosure and disqualification provisions of the California Political Reform Act of 1974 (the
"Act"), that (1) requires such persons to disclose economic interests that may foreseeably be
materially affected by the work performed under this Agreement, and (2) prohibits such persons
from making or participating in making decisions that will foreseeably financially affect such
interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing
service under this Agreement, City shall, upon execution of this Agreement, provide the County
with the names, description of individual duties to be performed, and email addresses of all
individuals, including but not limited to City's employees, agents and subcontractors, that could
be substantively involved in "making a governmental decision" or "serving in a staff capacity and
in that capacity participating in making governmental decisions or performing duties that would
be performed by an individual in a designated position," (2 CCR 18701(a)(2)), as part of City's
service to the County under this Agreement. City shall immediately notify the County of the
names and email addresses of any additional individuals later assigned to provide such service to
the County under this Agreement in such a capacity. City shall immediately notify the County of
the names of individuals working in such a capacity who, during the course of the Agreement, end
their service to the County.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing
service under this Agreement. City shall ensure that all such individuals identified pursuant to
this section understand that they are subject to the Act and shall conform to all requirements of
the Act and other laws and regulations listed in subsection (A) including, as required, filing of
Statement of Economic Interests within 30 days of commencing service pursuant to this
Agreement, annually by April 1, and within 30 days of their termination of service pursuant to
this Agreement.
V. Governing Law, Venue
This Agreement has been executed and delivered in, and shall be construed and enforced in
accordance with, the laws of the State of California. Proper venue for legal action regarding
this Agreement shall be in the County of Santa Clara.
VI. Assignment
No assignment of this Agreement or of the rights and obligations hereunder shall be
valid without the prior written consent of the other party.
VII. Waiver
No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted by
a party shall be in writing and shall apply to the specific instance expressly stated.
VIII. Compliance with All Laws, Including Nondiscrimination, Equal Opportunity,
and Wage Theft Prevention
A. Compliance with All Laws: City shall comply with all applicable Federal, State, and local
laws, regulations, rules, and policies (collectively, "Laws"), including but not limited to
the non-discrimination, equal opportunity, and wage and hour Laws referenced in the
paragraphs below.
B. Compliance with Non-Discrimination and Equal Opportunity Laws: City shall comply
with all applicable Laws concerning nondiscrimination and equal opportunity in
employment and contracting, including but not limited to the following: Santa Clara
County's policies for contractors on nondiscrimination and equal opportunity; Title VII of
the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the
Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections
503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act
(Gov. Code§ 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and
the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, City
shall not discriminate against any subcontractor, employee, or applicant for employment
because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender
expression, sexual orientation, mental disability, physical disability, medical condition,
political belief, organizational affiliation, or marital status in the recruitment, selection for
training (including but not limited to apprenticeship), hiring, employment, assignment,
promotion, layoff, rates of pay or other forms of compensation. Nor shall City discriminate
in the provision of services provided under this contract because of age, race, color,
national origin, ancestry, religion, sex, gender identity, gender expression, sexual
orientation, mental disability, physical disability, medical condition, political beliefs,
organizational affiliations, or marital status.
C. Compliance with Wage and Hour Laws: City shall comply with all applicable wage and hour
Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the
California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living
wage Laws.
D. Definitions: For purposes of this Subsection H, the following definitions shall apply. A "Final
Judgment" shall mean a judgment, decision, determination, or order (a) which is issued by a
court of law, an investigatory government agency authorized by law to enforce an applicable
Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the
time period to appeal has expired. For pay equity Laws, relevant investigatory government
agencies include the federal Equal Employment Opportunity Commission, the California
Division of Labor Standards Enforcement, and the California Department of Fair Employment
and Housing. Violation of a pay equity Law shall mean unlawful discrimination in
compensation on the basis of an individual's sex, gender, gender identity, gender expression,
sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights
Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing
Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant
investigatory government agencies include the federal Department of Labor, the California
Division of Labor Standards Enforcement, and the City of San Jose's Office of Equality
Assurance.
E. Prior Judgments, Decisions or Orders against Contractor: By signing this Agreement, City
affirms that it has disclosed any final judgments that (A) were issued in the five years prior to
executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration
panel and (B) found that City violated an applicable wage and hour law or pay equity law. City
further affirms that it has satisfied and complied with - or has reached Agreement with the
County regarding the manner in which it will satisfy - any such final judgments.
F. Subcontractors City shall impose all of the requirements set forth in this Subsection Hon any
subcontractors permitted to perform work under this Agreement. This includes ensuring that
any subsequent subcontractor receiving a Final Judgment for violation of an applicable Law
promptly satisfies and complies with such Final Judgment.
IX. Termination
Either Party may terminate this Agreement at any time for convenience and without cause, upon
providing a thirty (30) day notice to the other Party at the addresses set forth in Section N below.
The notice shall state the effective date of the termination.
Either Party may terminate this Agreement at any time for cause upon providing notice to the other
Party at the addresses set forth in section N below. The notice shall state the effective date of the
termination.
In case of termination by City, City shall reimburse County for services rendered in accordance
with this Agreement on or before the effective date of termination.
X. California Public Records Act
The County is a public agency subject to the disclosure requirements of the California Public
Records Act ("CPRA"). If City's proprietary information is contained in documents or
information submitted to County, and City claims that such information falls within one or
more CPRA exemptions, City must clearly mark such information "CONFIDENTIAL AND
PROPRIETARY," and identify the specific lines containing the information. In the event of a
request for such information, the County will make best efforts to provide notice to City prior
to such disclosure. If City contends that any documents are exempt from the CPRA and wishes
to prevent disclosure, it is required to obtain a protective order, injunctive relief or other
appropriate remedy from a court of law in Santa Clara County before the County is required
to respond tothe CPRA request. If City fails to obtain such remedy within the time the County
is required to respond to the CPRA request, County may disclose the requested information.
City further agrees that it shall defend, indemnify, and hold County harmless against any claim,
action or litigation (including but not limited to all judgments, costs, fees, and attorney's fees)
that may result from City’s failure to disclose documents, decision to withhold documents, and/or
City’s request to County that County withhold documents.
G. INDEMNITY
Each Party agrees to indemnify, defend and hold harmless the other Party from any claim, liability,
or loss resulting from the willful, wrongful, or negligent act or omission of the indemnifying Party,
its members, officers, directors, trustees, agents or employees for its or their performance or failure
to perform the provisions of this Agreement. Each Party shall notify the other Party, in writing, of
any claim of injury or damage related to activities performed pursuant to this Agreement. The
Parties shall cooperate with each other in the investigation and disposition of any claim arising out
of the activities of this Agreement, provided that nothing shall require either Party to disclose any
documents, records, or communications which are protected under the attorney-client privilege or
the attorney work product privilege. The provisions of this section shall survive the termination of
this Agreement.
H. ASSURANCE
Each Party represents and warrants that it has the authority to enter into this Agreement.
I. RELATIONSHIP
Nothing contained in this Agreement shall be deemed or construed by the Parties or any third
party to create the relationship of partners or joint ventures between the City and the County.
J. CONFIDENTIALITY
The Parties agree that by virtue of entering into this Agreement they each will have access to
certain confidential information regarding the other Party's operations. Each of the Parties
shall not disclose confidential information and/or materials without the prior written consent of
the other Party, unless such disclosures are required by California law. Where appropriate,
resident releases will be secured before confidential resident information is exchanged.
K. ENTIRE AGREEMENT
This instrument contains the entire agreement between the Parties, and no statements,
promises or inducements made by either Party or the designated agent of either Party that are
not contained in this Agreement shall be valid or binding.
L. MODIFICATION
This Agreement may not be enlarged, modified, or altered, except if it is evidenced in writing,
signed by the Parties and endorsed to this Agreement.
M. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to beinvalid,
void, or unenforceable, the remaining provisions will nevertheless continue in force without
being impaired or invalidated in any way.
N. NOTICES
Notices to the Parties in connection with this Agreement shall be given personally or by
mail, registered or certified, postage prepaid with return receipt requested. Mailed notices
shall be addressed to the parties as follows:
SANTA CLARA COUNTY
Ky Le
Director of Office of Supportive
Housing 3180 Newberry Dr. Ste 150
San Jose, CA, 95118
THE CITY OF PALO ALTO
Minka van der Zwaag
Manager, Office of Human
Services 4000 Middlefield Rd.
T2
Palo Alto, CA 94303
Notices delivered personally will be deemed communicated as of actual receipt; mailed
notices will be deemed communicated on the date of delivery.
O. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same
instrument.
P. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic
copy of a signed contract, or an electronically signed contract, has the same force and legal
effect as a contract executed with an original ink signature. The term "electronic copy of a
signed contract" refers to a transmission by facsimile, electronic mail, or other electronic
means of a copy of an original signed contract in a portable document format. The term
"electronically signed contract" means a contract that is executed by applying an electronic
signature using technology approved by the County.
INWITNESS WHEREOF, the Parties have caused this Agreement to be entered into as of
the day and year of execution of this Agreement.
COUNTY OF SANTA CLARA CITY OF PALO ALTO
S. Joseph Simitian, President
Board of Supervisors
Date:
Ed Shikada
City Manager
Date:
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors:
ATTEST
Megan Doyle
Clerk of the Board of Supervisors
Date: _
APPROVED AS TO FORM AND
LEGALITY
APPROVED AS TO FORM AND
LEGALITY
Tony LoPresti Tim Shimizu
Deputy County Counsel Deputy City Attorney, City of Palo Alto
Date: _